Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting questions related to means-plus-function claims and a denial of a petition presenting a question related to appellate jurisdiction. Here are the details.
Since our last update, a new petition was filed in XR Communications, LLC v. Arris Solutions, Inc. In this case, XR Communications asked the en banc court to review the following questions:
- 1. “Whether means-plus-function treatment applies to a claim term that (a) does not recite ‘means,’ (b) is not a nonce term, and (c) is a known term in the art as a name for structure.”
- 2. “Whether the presumption against means-plus-function treatment can be overcome because the function for the known structure recited in the claim may not be a previously known function performed by that structure.”
- 3. “Whether the presumption against means-plus-function treatment is always overcome unless there is evidence a POSITA would know how the recited structure can perform its corresponding function.”
Since our last update, the Federal Circuit has denied the petition in Vroom, Inc. v. Sidekick Technology, LLC, a case presenting a question related to appellate jurisdiction.